English translation of selected chapters
Step-by-step plan: how to start your own business legal entities have rights and obligations. There is a clear separation between the company s assets and the partners assets. Natural person: the self-employed person with all his assets, also his private assets, bears the entrepreneurial risk. 1. Choose an appropriate company form Do you prefer a one-man business? Or a company? And which type of company? Management, accounting and tax systems and liability are completely different according to the formula chosen. 2. Open a current account This account is completely separated from your private account and is only used for transactions with respect to the professional activities. 3. Incorporate a company When you opt for a company and not for a one-man business. 4. Apply for a company number To carry on a commercial or craft business you must be registered in the Crossroads Bank for Enterprises (KBO Kruispuntbank van Ondernemingen). Contact the enterprise counter of your choice. The enterprise counter will verify whether or not the company complies with all the requirements. 5. Activate your VAT-number With the company number you received from the enterprise counter, you can go to the VAT-office in your district. You can also ask the enterprise counter to arrange this for you, against payment. 6. Join a social insurance fund and a health care insurance organization - as a self-employed person upon the start of the independent activity - as a company if the activity is performed as a legal entity. The self-employed person who meets his obligations is entitled to child benefit, health insurance and bankruptcy insurance. ACTIVITIES
2. Before you start 2.1. Who can start a business? OF AGE If you want to start an independent professional activity or a company, you have to be at least 18 years old. CIVIL RIGHTS The starter must enjoy full rights as a citizen. Someone who was sentenced to a criminal punishment may not engage in a self-employed capacity during the term of his punishment. If you were declared bankrupt, you can only start a new business if the commercial court did not prohibit this. Such prohibition may be imposed as a result of fraudulent bankruptcy/liquidation, fraud or a serious error which resulted in bankruptcy/liquidation. LEGAL CAPACITY The starter must have the necessary legal capacity. Those who are declared incapable by law of by a court order or those who are placed under a provisional administrator may not start a business. NATIONALITY PROFESSIONAL CARD Citizens from the European Economic Area (the European Union, Liechtenstein, Norway and Iceland) and Switzerland are free to start a business. Others who want to perform an activity as a selfemployed person in Belgium, must hold a residence permit and a professional card. The professional card is required: to start a business in your own name; for managers; for active partners; to hold an unremunerated office. The card gives a detailed description of the activity, is personal and may not be transferred. It is valid for a maximum period of five years, with the possibility of renewal. For some categories from specific countries there is an exemption. If you live in Belgium, you present the application for a professional card at the enterprise counter of your choice. If you don t live in Belgium, you INFORMATION FOD Economie, KMO, Middenstand en Energie (Federal Public Service Economy, SMEs, Self- Employed and Energy) Algemene directie K.M.O.-beleid (Directorate- General for SME policy) Dienst Economische Vergunningen (Economic Permits Department) WTC III, 18th floor 30 Simon Bolivarlaan 1000 BRUSSELS T 02 277 77 25 or 02 277 79 36 E professionalcard@economie.fgov.be www.economie.fgov.be have to contact the Belgian diplomatic or consular representation in your country of residence. A professional card costs 140 for the application and 90 per year of validity.
2.2. Do you have entrepreneurial skills? It is important to know whether as a future self-employed person you have the necessary skills. As a job seeker you get a skill profile by participating in the ENTRE-programme of the Flemish Employment Agency (VDAB). This tool helps you to determine your personal entrepreneurial profile. You can find out what your strong points are and INFORMATION which points you still have to work on. On the Your local VDAB-office Internet you can also find other skill tests. 2.3. Choose the appropriate company form Before complying with the administrative formalities, you have to decide on the company form. Would you like a one-man business? Or a company? And which type of company? It is very important to consider this in advance. Management, accounting and tax systems and liability are completely different according to the formula chosen. COMPANY OR ONE-MAN BUSINESS? Advantages of a one-man business: requires no minimum capital, no bank certificate, no financial plan and no memorandum of association. decision-making power, organization and profits correspond to one person. fewer accounting and administrative obligations than a company and therefore lower management costs. Disadvantages of a one-man business: serious financial risks: no separation between private and professional assets, I.e. unlimited liability for the manager. By making a statement in the presence of notary public, the selfemployed person whose professional activity is his main occupation can declare that his private residence can t be attached. the entrepreneur has to find financial resources (own capital, loans,...) to finance his investments. limited duration: problems with respect to succession in case of illness and/or death of the owner. in general, the personal income tax rate is higher than the company tax rate. Advantages of a company: limited financial risks for some companies: there is a clear separation between private and professional assets and a limited liability (in principle, up to the capital contribution). the financial means can be contributed by several people.
a way to arrange cooperation with partners. unlimited duration: even if a director or partner leaves the company, the company can continue to exist. company tax rate is usually less than personal income tax. Disadvantages of a company: some types of company require a minimum capital and a financial plan. decision-making power, organization and profits correspond to several people. more accounting and administrative obligations than a one-man business and therefore also more costs (company contribution, publication expenses, notary fees,...). founder s liability: unlimited liability in case of insolvency during the first three years after the company s incorporation. This founder s liability can be invoked in case of fraud or if there is proof that the starting capital was insufficient for the viability of the company. 2.5. Prove your knowledge BUSINESS ADMINISTRATION Before an SME, one-man business or company can carry on business, it has to be registered in the Crossroads Bank for Enterprises (Kruispuntbank van Ondernemingen). You have to go to the enterprise counter of your choice and prove that you have the necessary business administration knowledge. Only professions regulated by another law are exempt from the obligation to present proof of the necessary business administration knowledge. For liberal, intellectual and service-providing professions or a non-commercial company under private law, you don t have to present proof of the necessary business administration knowledge. PROFESSIONAL KNOWLEDGE For certain professions you need a basic knowledge of business administration, but also sufficient professional knowledge. These regulated professions are: A. Construction, electrical engineering and related professions: Structural construction works Plastering, cementing and floor covering works Tiling and working with marble and natural stone Roofing and waterproofing Installation/repair of joinery/carpentry and glazing General joinery/carpentry Finishing works (painting, wall papering) Installation of central heating, air-conditioning, gas and bathroom fittings Electrical engineering General contracting
B. Vehicles: Intersectoral professional competence motor vehicles (repair body work and sale of used vehicles to end consumers) Motor vehicles up to a maximum weight of 3.5 tons Motor vehicles with a maximum weight of 3.5 tons Cycles C. Commerce and services: Hairdresser Beautician Chiropodist Masseur/masseuse (aesthetic) Optician Dental technician Undertaker Dry cleaner - dyer D. Food: Wholesale butcher Restaurant manager or caterer Baker and pastry chef E. Other: Refrigeration engineer Dry cleaner - painter It is possible to prove the basic knowledge of business administration and professional knowledge by means of specific diplomas and certificates, practical experience or an examination before the Central Examining Board. Under certain conditions you can also ask a third person to confirm your entrepreneurial skills. INFORMATION Enterprise counters contact information: see appendix Centrale examencommissie (Central Examining Board) FOD Economie, K.M.O., Middenstand en Energie (Federal Public Service Economy, SMEs, Self-Employed and Energy) Algemene Directie K.M.O.-beleid (Directorate-General SME policy) Dienst Ondernemingsloketten (Enterprise counters Department) Afdeling Centrale Examencommissie (Central Examining Board Division) WTC III, 18th floor 30 Simon Bolivarlaan 1000 Brussels T 02 277 71 48 of 02 277 69 20 F 02 277 98 79 E cec@economie.fgov.be Professional knowledge and basic business administration FOD Economie, K.M.O., Middenstand en Energie (Federal Public Service Economy, SMEs, Self-Employed and Energy) Algemene Directie K.M.O.-Beleid (Directorate-General SME policy) Dienst Ondernemingsloketten (Enterprise counters Department) WTC III, 13th floor 30 Simon Bolivarlaan 1000 Brussels T 02 277 70 17 F 02 277 78 41 E ol@economie.fgov.be Courses:- www.ond.vlaanderen/onderwijsaanbod/volwassen/defa ult.htm LIBERAL, SERVICE-PROVIDING AND INTELLECTUAL PROFESSIONS There are specific conditions for some professions and professional activities. Several liberal professions (lawyers, doctors,..), intellectual professions (accountants..) and service-providing professions (paramedical professions) are regulated. They require an accreditation from a Professional Association, an Institute, a (national) Chamber or a public department. Only if you have the required diploma and, if applicable, took the necessary practical training, you may bear the professional title.
2.7. Main or secondary occupation? The self-employed activity is your main occupation if the activity as a self-employed person is your only or main activity. If you would like to start a self-employed activity as a secondary occupation, you must have another professional activity for an employer at the same time: as a wage-earner: your main occupation must be at least half of a full-time job in the company or sector; in an educational institute: you must work at least six tenths of a full-time schedule; as a civil servant you must work at least 200 days or eight months a year, and the work schedule must at least correspond to a part-time job. INFORMATION RSVZ leaflet self-employed activity as a secondary occupation www.rsvz.be
3. At the start: step-by-step plan 3.1. Open a current account As a new entrepreneur you have to open a current account in your name or in the name of your company with a financial institution established in Belgium. It is best to open a new account at the start of a one-man business, so that there is a clear separation between professional and private transactions. For a company, the account has to be in the name of the company. The account number must be mentioned together with the name of the institution where the account is kept on all commercial documents (letters, invoices,...). 3.2. Incorporate a company PREPARE A FINANCIAL PLAN For the incorporation of a public limited company, (e) private limited company, cooperative company with limited liability or partnership limited by shares, the founder has to prepare a financial plan to be handed over to the notary public who will file it. APPLY FOR A BANK CERTIFICATE For the incorporation of a company when a specific minimum capital has to be fully paid before the incorporation (public limited company, (e) private limited company, cooperative company with limited liability, partnership limited by shares), a bank certificate is required. This is a certificate with which the financial institution confirms that the founding capital was paid into a current account in the name of the company. PREPARE THE ARTICLES OF ASSOCIATION The articles of association are provisions to be included in the memorandum of association of the company. They will specify, among other things, the identity of the founders, name and objects of the company, rules on the general meeting and any other rules applicable to the company. PREPARE A MEMORANDUM OF ASSOCIATION A company is incorporated by means of a memorandum of association. For the incorporation of a general partnership, cooperative company with unlimited liability and an ordinary limited partnership a private deed is enough. An authentic deed, executed by a notary public, is required for the incorporation of a public limited company, partnership limited by shares, (e) private limited company and a cooperative company with limited liability. To prepare and execute the deed, you have to present the following documents: a financial plan; for the contribution in cash: the bank certificate; for a contribution in kind: an auditor s report and a special report prepared by the founders.
REGISTER THE MEMORANDUM OF ASSOCIATION The memorandum of association has to be registered within fifteen days for authentic deeds (executed by a notary public) and within four months for private deeds in a registration office of the Federal Public Service Finance. PUBLISH THE MEMORANDUM OF ASSOCIATION The law stipulates that the incorporation of a trading company has to be published by means of filing an extract from the memorandum of association at the Registry of the Commercial Court of the district in which the company s registered office is situated. The extract from the memorandum of association, with respect to the authentic deeds, will be signed by the notary public. A private deed will be signed by all partners who are jointly and severally liable or by one of them, specifically authorized by the others. The deed has to be filed at the registry of the commercial court within 15 days after the execution of the final deed (the date of the deed). The following documents have to be filed: the extract from the deed to be published; a copy of the extract; the authentic or private powers attached to the deed; the bank certificate; and, if applicable, the auditor s report on the contribution in kind. The company acquires legal personality from the day on which the extracts from the memorandum of association are filed. Within 15 days after filing the extract, it must be published in the annexes to the Belgian Official Journal. The court registry will send the necessary documents to the Belgian Official Journal. The company deed can only be opposed by third parties from the date of publication, unless the company proves that third parties had prior knowledge. MAKE A COMPANY REGISTER A public limited company, partnership limited by shares, (e) private limited company, cooperative company with limited liability and cooperative company with unlimited liability have to keep a company register. E-DEPOT The e-depot is a simple and fast tool which allows the notary public to sign the forms and memorandum of association of a company and file them in all administrative databases. Also tax, social and land property investigations are INFORMATION done electronically. It makes it easier and your notary public - www.notaris.be faster to incorporate a company. 3.3. Apply for a company number To perform a commercial or craft activity you must register in the Crossroads Bank for Enterprises (Kruispuntbank van Ondernemingen - KBO). Contact the enterprise counter of your choice. This office will verify whether your company complies with all requirements and enter the information in the Crossroads Bank for Enterprises. Since 30 June 2009, non-commercial companies under private law (liberal, intellectual and serviceproviding professions) also have to register in the Crossroads Bank for Enterprises.
After registration you will receive your unique company number. This company number consists of ten numbers and is the same of your VAT-number. Documents to be presented to a enterprise counter? identity card (name, first name, national number applicant) bank account number; INFORMATION proof of the knowledge of business Enterprise counters contact information: see administration and/or professional knowledge of the manager or agent; appendix if necessary, special permits; for companies: extract from the articles of association and a management certificate. Companies are registered in the Crossroads Bank for Enterprises by the Registrar of the Commercial Court (after filing the memorandum of association). The company automatically receives a company number. Afterwards the company has to ask a enterprise counter to arrange the registration as commercial or handicraft business. The expenses incurred by the registration with a enterprise counter as commercial or handicraft business amount to 81,50. The first registration in the Crossroads Bank for Enterprises for a noncommercial company under private law is free of charge. Subsequent transactions (registration additional establishment, change of address, cancellation,...), cost 81,50 (unit rate). 3.4. Activate your VAT-number Anyone who performs an economic activity and regularly and independently supplies goods or provides services mentioned in the VAT-Act is liable to pay VAT. It makes no difference whether it is a main occupation or a secondary occupation, on a non-profit basis or not. The normal VAT-rate is 21%. Certain activities have lower rates: 6% and 12%. With the company number you received from the enterprise counter, you can register with the VAT-administration in your district. You can do this in person or electronically (against payment through the enterprise counter). THE COMMON OR NORMAL VAT-SYSTEM Every taxable person for VAT purposes has to charge VAT to his customers. The Value Added Tax (VAT) is a tax on consumption. It is the end user who pays the tax. The entrepreneur may deduct the VAT paid for business purchases, costs and investments. The balance between the VAT paid and the VAT received has to be paid to the tax authorities. For the delivery of products or services you have to issue an invoice. For the delivery to private persons for private use, an invoice is usually not required. This transaction, however, must be included in the daily cash ledger. You have to present a monthly VAT-return. Also when you start, change or stop the activities of your company, you have to report this. If your annual turnover, not including VAT, is less than 1,000,000, you can opt for quarterly returns. You can ask the VAT-authorities to change from one system to another. If permission is granted, the new system becomes effective on 1 January of the year following the application. As a taxable person for VAT purposes, you have to keep the accounts of your company, in accordance with the nature and size of your company. This includes at least a sales ledger and a purchase ledger and a daily cash ledger. A VAT-listing must be presented each year.
THE FLAT-RATE VAT-SYSTEM With several sectors and professions, the VAT-administration has made an agreement to apply a flat rate. The turnover of these taxable persons for VAT purposes is calculated based on their purchases or hourly rates. It applies to a pharmacist, baker and pastry chef, bookseller, innkeeper, fish monger, daily products retailer, shoe retailer, tobacco products retailer, textile retailer, game and poultry retailer, food retailer, chemist, fairground operator, chips shop manager, doctor with medicine warehouse, ironmonger, hairdresser, newsagent, cobbler, butcher, ice-cream vendor and fish retailer. Their annual turnover, not including VAT, may not be more than 750,000. It must be a natural person, general partnership, ordinary limited partnership or private limited company and at least three quarters of the turnover must refer to transactions for which it is not obliged to issue an invoice. If the flat-rate VAT-system applies to you, you are not required to keep a daily cash ledger, but you have to present the VAT-returns every quarter, together with a spreadsheet on which the flat-rate VAT is calculated. The VAT paid to the supplier can be deducted. A VAT-listing must be presented each year. VAT FOR SMALL ENTERPRISES EXEMPTION SYSTEM In the context of the VAT-legislation, a small company is a company with an annual turnover of less than 5.580 (not including VAT). This INFORMATION company is exempt from (almost) all VATformalities except if it opts for the normal of flat- Federal Public Service Finance contact centre rate system. Some transactions are excluded 0257 257 57 from the exemption system (such as carry out Local VAT-office (see the telephone directory: works in/on immovable property). Overheidsdienst Financiën (Federal Public Service Finance) To determine the annual turnover, a simplified http://minfin.fgov.be/portail2/index.htm - accounting system is required. The daily income choose Nederlands has to be entered into a daily income ledger. The - choose Kantoren (on the right side of the required sales and purchase ledgers must be screen) choose zoeken via administratie (on numbered and kept in numerical order. the left side of the screen) Administratie Administratie van de A small company: invordering (pull-down menu) Service: must apply for a VAT-number; ontvangkantoor btw (pull-down menu) may not charge VAT; Office: indicate the city of establishment is not obliged to present VAT-returns; may not deduct VAT for professional purchases, costs and investments; must mention on every invoice kleine onderneming onderworpen aan de vrijstellingsregeling - btw niet toepasselijk (small company subject to the exemption system VAT not applicable); must present an annual listing. ELECTRONIC VAT-RETURN All self-employed persons, SMEs and large companies can present their VAT-returns electronically. The electronic VAT-return is sent to Intervat, an e-service application of the Federal Public Service Finance. An exception can be made for companies which can prove that they don t dispose of the necessary computer infrastructure.
3.5. Join a social insurance fund As a self-employed person you are subject to the social system of a self-employed person. Some categories of self-employed persons are not subject to this system: helpers before 1 January of the year of their twentieth birthday and single; helpers with an accidental self-employed activity: less than 90 days per year; student-helpers, entitled to child benefit; retired, unremunerated representatives; journalists, press correspondents and people enjoying copyright, if they already have a social system at least equivalent to the social system of a self-employed person, or enjoy the benefits attached to this social system or have reached retirement age. Co-working spouses, spouses who help a self-employed person which an independent activity are obliged to join with the maxi statute (unless they were born before 1956). At the earliest 6 months before the start of the activity and at the latest upon the start, every selfemployed person, director, manager, active partner, company,... has to join a social insurance fund of his or her choice or the National Institution for Social Insurance of Self-employed Persons (Nationale Hulpkas voor Sociale Verzekeringen der Zelfstandigen) The contribution is due from the first day of the quarter in which the self-employed person starts his activities. Companies have to pay an annual contribution, for the year 2012 the contribution amounts to: Annual contribution Balance sheet total 347.50 < 604,112.25 852.50 > 604,112.25 New partnerships (such as a private limited company) are exempt during the first three years if all managers and a majority of the active partners during a period of 10 years before the incorporation have not been self-employed for more than three years. The self-employed person must pay social contributions each quarter to enjoy social rights. The contributions are calculated on the net operating income of three years back. This is the reference income. For starting self-employed persons, it is not possible. For them, a system of provisional contributions was introduced for the first three years. Afterwards, there will be an adjustment based on the real income of the first, second and third year, respectively. This adjustment is due in addition to the contributions of the fourth, fifth and sixth year, respectively, calculated on the same reference income. Net operating income means the gross operating income reduced by the operating costs and, if applicable, accepted company losses. The provisional social contributions for starting self-employed persons are based on a low income. The adjustment may result in the payment of relatively high amounts after the first three years if the net income is higher than estimated. To avoid this, the starter may decide to pay higher social contributions than the provisional contributions. The starter bonus is the positive interest which a starting self-employed person receives when he pays his provisional contribution on time in advance and when he pays more provisional contributions than what he appears to owe after adjustment. The starter bonus is payable immediately after the adjustment of the provisional contribution and amounts to 0.75% of the amount paid in excess of the total amount due. Under certain conditions it is possible to claim a reduction or exemption from the obligation to pay quarterly contributions. This system applies to self-employed persons with an independent activity as
secondary occupation but also to helpers, spouses who through the professional activity of their partner enjoy full social security protection and students under the age of 25. Self-employed persons with an independent activity as main occupation who can t pay their social contributions can apply to their social insurance fund for an exemption during one or more quarters. By paying the social contribution the self-employed person is granted the social rights mentioned below. The provisional quarterly contributions at the start of the activity (not including management expenses) are adjusted each year and on 1 January 2012 (reference year 2009) amount to: Main occupation Quarterly contribution (Calculated on an income of 12,597.43) Complementary occupation Quarterly contribution (Calculated on an income of 1,393.70) 1st year 645.62 71.43 2nd year 661.37 73.17 3rd year 677.11 74.91 3.6. Join a health care insurance organization At the moment you join a social insurance fund as a self-employed person or helper, you also have to join the health insurance care organization of your choice or the local department of the Assistance Fund for Sickness and Disability Allowance (Nationale Kas voor Ziekte- en Invaliditeitsverzekering). INFORMATION Health insurance care organization of your choice From then on you and your family are insured for minor (consultation family doctor, purchase medicine,...) and major risks (certain diseases, admission to hospital, child birth,..) De Hulpkas voor Ziekte- en Invaliditeitsverzekering (Assistance Fund for Sickness and Disability Allowance) HZIV-information service 30A Troonstraat 1000 BRUSSELS T 02 229 35 62 E info@caami-hziv.fgov.be www.caami-hziv.fgov.be
4. After the start 4.1. Take out insurance policies Several insurance policies can be taken out. Examples are: a fire insurance, company vehicle insurance, third-party liability and company damage. Certain insurance policies are compulsory (such as the car insurance), for other insurance policies you are free to decide whether or not you will take them. Attention! The social rights of a self-employed person are not identical to the rights of an employee. To enjoy the same rights as an employee, it is possible to take out an additional insurance policy (in addition to the rights you have as self-employed person). There is an additional insurance policy guaranteed income to give you more security with respect to the health insurance. With regard to your pension, you can take out an insurance free additional pension. 4.2. Use a transparent accounting system A good accounting system is indispensable. The accounting system is the perfect means to get a clear view on the financial situation of your company. Only with a good accounting system, you can manage your company in a healthy way. This can be done, together with an external accountant. Keeping your accounting records is a legal obligation and the system to be used depends on the size and nature of your company. INFORMATIONS Insurance agents/insurance brokers Social insurance funds contact information: see Appendix SIMPLIFIED ACCOUNTING SYSTEM A simplified accounting system may be used by small companies (one-man businesses, general partnerships and ordinary limited partnerships with an annual turnover, not including VAT, of less than 500,000). It does not apply to the following sectors: insurance, credit transactions, investments and stock exchange transactions. The simplified accounting system consists of keeping: a financial ledger, which you can divide into a cash and bank ledger. The cash ledger includes all expenditures and receipts in cash, the bank ledger consists of all expenditures and receipts through a bank account. a purchase ledger with invoices and credit notes of your suppliers. a sales ledger with invoices and credit notes to your customers. an inventory register with a stock description and assessment. FULL OR DOUBLE ACCOUNTING SYSTEM A double accounting system has an intrinsic advantage: you can use the detailed information you get as a real management tool. The companies which may not use a simplified accounting system are obliged to use a double accounting system. This system includes the following obligations: follow an adjusted normalized chart of accounts; always keep a copy at the company s registered office; use a purchase, sales and financial (bank and cash) ledger and keep a detailed inventory; prepare the financial statements. The financial statements include: o the balance sheet reflecting all assets, liabilities and obligations of the company. o o the profit and loss account with the costs and revenue of the financial year. the notes explaining all rights and obligations, additional information and the accounting principles applied by the company.
o the social balance, with a survey of the number of employees, personnel movements, measures to promote the employment and initiatives to train employees. file the financial statements at the National Bank of Belgium within thirty days after the approval by the general meeting. Medium-sized companies may present the financial statements in accordance with the abridged schedule. Large companies have to use the full schedule. These companies also have to prepare an annual report in which the directors justify their management. Large companies are companies which on a yearly basis employ more than 100 employees or exceed one of the following criteria: yearly average of 50 employees. annual turnover, not including VAT of 7,300,000. balance total of 3,650,000. 4.3. Pay taxes Every year you have to pay taxes on your taxable income. According to the nature of your company (one-man business or company), income tax or company tax is due. As a starting self-employed person you have to apply for part 2 of your next tax return (additional tax form for self-employed persons). PERSONAL INCOME TAX RATE TAX YEAR 2013 (INCOME 2012) Tax brackets (in euros) % between 0.01 and 8,350 25% between 8,350 and 11,890 30% between 11,890 and 19,810 40% between 19,810 and 36,300 45% 36,300 or more 50% COMPANY TAX RATE TAX YEAR 2013 (INCOME 2012) The normal tax rate is 33%. In addition, there is the additional crisis fee of three percent on the total tax amount, so that the total tax rate is 33,99%. Companies can apply for a reduced rate if: the maximum taxable income is 322,500 in the previous financial year (tax year 2013). at least 50% of the shares of the company representing the share capital is in the hands of a natural person. the dividends are not more than 13% of the paid capital at the beginning of the financial year. the company pays to at least one of its directors or active partners a salary of at least 36,000. If the salary is less than 36,000, but at least as much as the taxable result of the company, the reduced rates can still be applied. The reduced rate for the tax year 2013: tax brackets (in euros) % (not including the additional crisis fee) % (including additional crisis fee) 0.01 25,000 24.25% 24.98% 25,000.01 90,000 31% 31.93% 90,000.01 322,500 34.5% 35.54%
TAX PREPAYMENTS Self-employed persons and companies must pay their taxes in advance, based on the possible profits of the current year. If you fail to do so, there is an additional charge. The payments should cover the taxes of the current tax period approximately. The expiry dates are 10 th of April, 10 th of July, 10 th of October and 20 th of December. When you start a self-employed activity for the first time, you are exempt from the tax prepayment during a period of three years, provided you carry on the self-employed activity as a main occupation. The tax authorities will not apply a tax increase during the first three years. Also newly incorporated companies are exempt from a tax increase during the first three financial years following their incorporation. ADDITIONAL TAXES Self-employed persons and companies must pay direct as well as additional taxes (poll tax, county tax, additional crisis payment, environmental charges,...). Rules and procedures with respect to county taxes vary according to the county. Please contact the tax administration of your county with respect hereto (contact information, see appendix). INFORMATION TAXES Company and income tax Department North. Galaxy - 33 Koning Albert II-laan 1030 Brussels T0257 621 11 (general information) www.fiscus.fgov.be 4.4. Use the register of replacing entrepreneurs Since 1 August 2010, a self-employed person who temporarily stops his professional activity entirely can be replaced by another self-employed person with a replacement contract for a definite duration for an self-employed person. The register has a search engine and combines supply and demand for a temporary replacement between self-employed persons, within a clear legal frame. INFORMATION TAXES Enterprise counters contact information: see appendix
CONTACT www.agentschapondernemen.be info@agentschapondernemen.be Free phone number 0800 20 555 Agentschap Ondernemen Antwerpen Lange Lozanastraat 223 bus 4